The Combined Lake Delhi Recreational Facility and Water Quality District<\/p>\n
Board of Trustees Meeting<\/p>\n
Wednesday, August 7, 2013 \u2013 6:30 p.m.<\/p>\n
Maquoketa Valley Middle School Conference Room<\/p>\n
Delhi, IA<\/p>\n
The meeting of the Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees was called to order by President Steve Leonard at 6:31 PM at the Maquoketa Valley Middle School Conference Room.<\/p>\n
Trustees present: Leonard, Davidson, Kray, Schneider, Burger, Gifford and Kramer by phone<\/p>\n
Trustees absent:<\/p>\n
Visitors: Lou Christiansen, Sue Christiansen, Darrel Berry, Dave Kretz, Ken DeKlotz, Barb DeKlotz, Rich Hughes, Pat Dede, Larry Peter, Eve Peter, Bonnie Hughes, Bill Hughes, Lola Galiher, Bob Galiher, Pat Colgan, Chloe Colgan, Larry Aschenbrenner, Chris Stender, John Carbaugh<\/p>\n
Agenda reviewed by Leonard. Motion made by Kray to approve agenda, Schneider second. \u00a0\u00a0All ayes, motion passed.<\/p>\n
Leonard opened election of officers.\u00a0 Burger nominated Mary Kray as Clerk, Davidson second.\u00a0 All ayes, motion passed. \u00a0Kray made motion for Laurie Kramer to remain as Treasurer, Burger second.\u00a0 All ayes, motion passed.\u00a0 Schneider made motion for Burger for VP, second by Kray.\u00a0 All ayes, motion passed.\u00a0 Burger made moiton for Leonard to remain as President, Schneider second.\u00a0 All ayes, motion passed.<\/p>\n
Kramer discussed tax payments for properties purchased.\u00a0 During closing of the Wiersma and Wright properties, funds were paid to the District for all of this tax bill except for one month.\u00a0 Kramer\u2019s recommendation is to pay the full year tax bill on all properties.\u00a0 Kramer made motion to pay full year of taxes, Davidson second.\u00a0 All ayes, motion passed.<\/p>\n
The Stanley Supplemental agreement #19 was introduced by Leonard.\u00a0 Stanley Engineering has been active in the last number of months doing project reports that FEMA requires.\u00a0 The scope of services on the agreement were reviewed by Leonard: Work with District on property purchase and easement requirements for dam construction and operation; Provide preliminary design, layout and cost estimates for dam design alternatives for different property\/easement acquisition scenarios; Attend meetings with permitting agencies on an \u201cas requested\u201d basis; Continued coordination between FEMA and other federal permitting agencies on an \u201cas requested\u201d basis; Develop supporting documenation required for Phase II Permit Application.\u00a0 Burger made motion to approve Stanley Supplemental Agreement #19, Schneider second.\u00a0 Davidson asked about doing 6 month contract.\u00a0 Is there a better way to monitor?\u00a0 Leonard asked if Finance Committee is monitoring and should review as payment requests come in.\u00a0 \u00a0Kramer said Stanley is watchful in accordance with the schedules.\u00a0 Kramer will provide the summary of tasks and a breakdown of dollars spent.\u00a0 Kramer will forward to all in the next few days.\u00a0 Gifford asked how often does Stanley Engineering turn in invoices.\u00a0 Invoices are detailed and Kramer can send everyone a copy.\u00a0 Gifford questioned if billings come by class code.\u00a0 Kramer said they come in by task.\u00a0 She contacts Holman and discusses the invoice if she feels there is an overage on tasks.\u00a0 Colgan said Stanley is using the same task codes that are used with county and city governments and the hourly rates are set by history.\u00a0 Colgan advised Stanley Corporate Accounting sends out the invoice but each employee has time sheets.\u00a0 Gifford asked if the District is maxing out on all tasks.\u00a0 Leoanrd indicated no.\u00a0 Colgan said Stanley has been working on the permitting process for 1 year and they are the only contractor that can answer some of the FEMA and permitting questions.\u00a0 Colgan said Holman has donated drive time to get here which is a 10 hour round trip and on other projects he would normally bill that time.\u00a0 Individual roll call requested on approval of Supplemental Agreement #19, all ayes, motion passed.<\/p>\n
Leonard explained we have 2 different MOAs \u2013 one from the District attorney and one from the LDRA attorney after informal discussions between LDRA board members and Trustees, the latest occurring on July 23, 2013.\u00a0 The District version has 3 major differences which are first – leaves the southerly one third of Parcel L (the property the dam sits on and the southerly third would include the house, the building and the road) in an unrestricted state; second – if restricted property is to be sold to a non-public entity, the document leaves the voting process up to the district at the time of the vote; third is the number of days allowed for an LDRA response when the District requests approval for sale to non-public entity.\u00a0 Burger made motion to approve the District version, Kray second.\u00a0 The LDRA version says if no reponse within 45 days, the response is considered negative and Burger said he feels 45 days with a response whether positive or negative is appropriate.\u00a0 Kray said a response is simply the responsible thing we should expect from any organization.\u00a0 Gifford said language is the same in both contracts but the LDRA version says if there is no response it is a denial.\u00a0 The District board agrees with language as stated in the District MOA under the Agreement Section, 1.a.2.<\/p>\n
Leonard read the section regarding the voting process after 5 years of agreement which states that the District Board at the time will determine the vote process but it will require a 60% majority vote.\u00a0 The District originally wanted the County Auditor to perform this election but she is unable to do so as this type of election is not covered in the Iowa code.\u00a0 The District then agreed we would handle any type of election such as this.\u00a0 Gifford said the overriding item in section 2 is describing the process if we have to go out to a vote to allow us to sell property to a non-public entity.\u00a0 The District Trustees who attended the 7\/23\/2013 meeting feels the District copy reflects the results of that discussion regarding voting.\u00a0 Gifford said this is a conservative approach because it is determined in the future instead of trying to do all the rules now.\u00a0 \u00a0Burger said if a sale like this ever does happen he doesn\u2019t\u00a0 want 7 Trustees deciding if one of these restricted properties can be sold without a vote of the taxpayers.\u00a0 If this would come up in the next 10-20 years we won\u2019t know what the situation will be and he would hope the existing Trustees at the time would have compassion to set up the rules correctly.\u00a0 \u00a0Kray said it is up to all of us as tax payers to vote for Trustees that we feel will be responsible.\u00a0 Consensus of all board members is that we will stay with language as stated in the District version.<\/p>\n
Leonard then reviewed the restricted parcels and that the District wants the southerly 1\/3 of parcel L out of the restricted land so an election is not required to sell the land.\u00a0 The southerly one third of parcel L includes the office building, the house and the \u201cproperty under\u201d the road (the county owns the road on top of the property).\u00a0 The Trustees present at the 7\/23 meeting thought this was agreeable with the 2 members of LDRA board that met with them.\u00a0 Davidson confirmed it is out of the dam or spillway area.\u00a0 Burger thought had agreement on this and that we would inform the LDRA when the District would sell the house or office and that these properties don\u2019t affect the lake.\u00a0 Burger went on to say that he wants to tell the future boards how to sell the dam or beaches because it affects him, these properties do not.\u00a0 The District may need to have this area for reconstruction and thinks it is rididculous to leave this section for public property if the District needs it for those reasons.\u00a0 Gifford said just wants to make sure he understands that we have agreed to this and that the LDRA documents come back different.<\/p>\n
Rich Hughes said the LDRA lawyers tell them they can\u2019t transfer the land because of the vote taken earlier by the LDRA membership.\u00a0 The LDRA has been instructed by counsel not to transfer the land without this language.\u00a0 Burger said Mitvalsky (the LDRA attorney) originally gave the opinon that the LDRA didn\u2019t need to go to vote on the issue of the dam transfer, that the LDRA board could do it on their own.\u00a0 Burger was LDRA President at the time and chose to take this issue to the membership for a vote.\u00a0 Leonard informed all that the LDRA and 3 Trustees met several months ago and felt this issue was addressed, however, each side came back with different thoughts as to what the final outcome was.\u00a0 Gifford says basis of LDRA opinion is legal opinion not emotional or personal and that was confirmed as all involved said they want the transfer to happen.\u00a0 Leonard indicated the District attorney has advised the LDRA can do what the District is asking of them.\u00a0 Galiher said the LDRA can\u2019t go against the vote of the people. Dede said the original MOA and the second amendment were signed and all of parcel L was in restricted property at that time.\u00a0 Kray said she would like to see all of us come to an agreement before we leave this evening.\u00a0 That we all want the same thing which is to get our water back.<\/p>\n
Leonard said he is comfortable with the 45 day response with the other restricted property.\u00a0 Leonard said what if we could just change the response time on the southerly portion on Parcel L to 15 days, and that seemed acceptable to the LDRA members in the room.\u00a0\u00a0 Leonard summarized that the notification time would be changed to 15 days for the southerly portion of Parcel L, however, it would remain a restricted property. \u00a0All Trustees agreed and document will be sent to LDRA board and their attorney, Mitvalsky.\u00a0 Motion made by Burger to table this item to the next Trustee meeting after the new language is incorporated into document, Schneider second<\/p>\n
Kramer left the meeting at 7:54pm<\/p>\n
Public Comment – Barb DeKlotz would like to know the amount of legal fees spent between the LDRA and the District on the dam transfer.\u00a0 Leonard said don\u2019t have break down now but she can find at the County offices.<\/p>\n
Lola Galiher advised the Water Quality team is \u00a0scheduling IOWATER training on 8\/24.\u00a0 The class starts at 9AM and will train participants on how to test water.\u00a0 Davidson asked if Bob Galiher will do a presentation at an upcoming Trustee meeting and Bob agreed.\u00a0 Gifford said his personal opinion is water quality is a strong part of what we all own at Lake Delhi and that it needs to be part of each Trustee meeting.<\/p>\n
Bob Galiher reminded all that the LDRA annual meeting is Sunday, August 11 at noon at Heritage Bank.<\/p>\n
Stender asked if there was a FEMA meeting last week.\u00a0 Leonard said no meetings are scheduled but they have been requested and waiting for confirmation.\u00a0 In addition, FEMA is a process that we are working through.<\/p>\n
Dave Kretz asked what water is involved in water quality and Leonard advised the river water.\u00a0 The Water Quality team tests for nitrates, phosphates, etc.<\/p>\n
Davidson made motion to go into closed session for the purpose of discussion regarding terms for acquisition of property and property rights for purposes of restoring the lake and dam according to Iowa Code Section 21.5 (j), Schneider second.\u00a0 Individual roll call requested, all ayes, motion passed.<\/p>\n
Motion to adjourn meeting by Burger, second by Davidson, all ayes, motion passed.<\/p>\n
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The Combined Lake Delhi Recreational Facility and Water Quality District Board of Trustees Meeting Wednesday, August 7, 2013 \u2013 6:30 p.m. Maquoketa Valley Middle School Conference Room Delhi, IA The meeting of the Combined Lake Delhi Recreational Facility and Water … Continue reading